Activated Carbon-Based Technology for In Situ Subsurface Remediation

The U.S. EPA Office of Superfund Remediation and Technology Innovation recently published a fact sheet about an emerging remedial technology that applies a combination of activated carbon (AC) and chemical and/or biological amendments for in situ remediation of soil and groundwater contaminated by organic contaminants, primarily petroleum hydrocarbons and chlorinated solvents.  The technology typically is designed to carry out two contaminant removal processes: adsorption by AC and destruction by chemical and/or biological amendments.

With the development of several commercially available AC-based products, this remedial technology has been applied with increasing frequency at contaminated sites across the country, including numerous leaking underground storage tank (LUST) and dry cleaner sites (Simon 2015).  It also has been recently applied at several Superfund sites, and federal facility sites that are not on the National Priorities List.

The fact sheet provides information to practitioners and regulators for a better understanding of the science and current practice of AC-based remedial technologies for in situ applications. The uncertainties associated with the applications and performance of the technology also are discussed.

AC-based technology applies a composite or mixture of AC and chemical and/or biological amendments that commonly are used in a range of in situ treatment technologies.  Presently, five commercial AC-based products have been applied for in situ subsurface remediation in the U.S.: BOS-100® & 200® (RPI), COGAC® (Remington Technologies), and PlumeStop® (Regenesis) are the four most commonly used commercial products.  CAT-100® from RPI is the most recent product, developed based on BOS-100®.  One research group in Germany also developed a product called Carbo-Iron®.  The AC components of these products typically are acquired from specialized AC manufacturers.  These types of AC have desired adsorption properties for chlorinated solvents and petroleum hydrocarbons.  Different products also have different AC particle sizes, which determine the suitable injection approach and the applicable range of geological settings.

Example of powdered activated carbon “fracked” into the subsurface under high-pressure, causing preferential pathways into existing monitoring wells (Photo Credit: Regenesis)

 

Canadian National Brownfield Summit – June 13th 2018

Learning from the Past; Charting the Future
Attend Canada’s First Brownfield Summit, hosted by CBN

CBN is pleased to host the first-ever Brownfield Summit as this year’s edition of our annual conference. Join us in
Toronto June 13. The summit will feature:

  • Our popular Cross-country Check-up: a session on recent regulatory changes and an opportunity to learn about new initiatives from our panel of regulators
  • Legal Update: case law shapes our practice as brownfielders. This session will feature presentations on the most recent court cases affecting brownfields
  • Emerging Technology: focused presentations on the technological trends that will affect your brownfield practice today and in the future
  • NRTEE +15: the cornerstone of the Summit. Revisit the 2003 National Round Table on the Environment and the Economy (NRTEE) report as we find out what has worked, what still needs to be done, and what challenges are emerging. Then, join us in a discussion and determination of the brownfield agenda for the next few years

This will be a working event, so be prepared – bring the knowledge you’ve gained as a brownfield practitioner and your insights into brownfield redevelopment/reuse, roll up your sleeves and set the stage for the future of brownfields in Canada!

Register Today!

Clean-up of Radioactive Material in Port Hope Finally Underway

After decades of study and planning, the clean-up or radioactive contamination in the community of Port Hope, Ontario is finally underway.  The Town of Port Hope, located approximately 100 km (60 miles) east on Toronto on Lake Ontario, has an estimated 1.2 million cubic metres (1.5 million cubic yards) of historic low-level radioactive waste scattered at various sites throughout the town.

The contaminated soil and material will be excavated to moved to the LongTerm Waste Management Facility, which is essentially an engineered aboveground landfill where the waste will be safely contained, and the long-term monitoring and maintenance of the new waste management facility.

Other historic low-level radioactive waste – primarily soil contaminated with residue ore from the former radium and uranium refining activities of Eldorado Nuclear — and specified industrial waste from various sites in urban Port Hope will be removed and safely transported to the new facility.

The historic low-level radioactive waste and contaminated soil, located at various sites in the Municipality of
Port Hope, are a consequence of past practices involving the refining of radium and uranium by a former federal Crown Corporation, Eldorado Nuclear Limited, and its private-sector predecessors. These waste materials contain radium-226, uranium, arsenic and other contaminants resulting from the refining process.

The historic waste and surrounding environment are monitored and inspected regularly to ensure the waste does not pose a risk to health or the environment. As part of the Port Hope Area Initiative (PHAI) construction and clean-up phase, the waste will be excavated and relocated to the new Port Hope long-term waste management facility.

In an interview with CBC, Scott Parnell is the General Manager of the Port Hope Area Initiative, which is in charge of the cleanup. He says that after decades of planning, the first loads of an estimated 1.2 million cubic metres of historic low-level radioactive waste will be on the move.

Scott Parnell, general manager of the Port Hope Area Initiative, stands near the town’s harbour.

“There’s been a lot of planning a lot of studies a lot of determination into how to approach the work safely, but this will be the first time we will be removing waste from the community,” said Parnell, who has overseen similar operations in Washington state and Alaska.

The $1.28-billion cleanup operation is a recognition by the federal government that the waste is its “environmental liability.” The radioactive tailings were the byproduct of uranium and radium refining operations run by Eldorado, a former Crown corporation, between 1933 and 1988.

Parnell says that the tailings were given away for free, which helps explain how the contamination was spread through the town.

“So, basically they offered it up and it was used for fill material to level up people’s backyards, for building foundations, for those kinds of things. So, that’s how the material got spread around the community,” Parnell said.

Parnell says an estimated 800 properties may be affected, but says there’s no indication the low levels of radiation are dangerous.

“There’s little human risk associated with the waste that’s identified here in Port Hope,” he said.

The first wastes to be remediated are currently stored under tarps at three locations including the Centre Pier, the Pine Street North Extension in the Highland Drive Landfill area and at the municipal sewage treatment plant. The Centre Pier is the first site to be remediated.

Aerial image of the first locations to be remediated. (source: Canadian Nuclear Laboratories)

 

 

Funding available for Cleantech Demonstration Projects in Ontario

BLOOM is issuing a call for funding applications to support the completion of low carbon, clean technology demonstration Projects in Ontario.  BLOOM is a private, not-for-profit federally incorporated company that brings together public and private sector stakeholders to achieve sustainable outcomes that manage risk and deliver economic, environmental and social benefit.

As a requirement, applications must be submitted by 2 co-applicants: a cleantech solution provider and a customer host that is representative of a broader sector.

BLOOM will be providing grant funding on a 50:50 cost-share basis, up to a maximum of $150,000 per Project.  BLOOM is responsible for managing this Program to support Ontario’s Climate Change Action Plan and transition to a low carbon economy.  Ideally, proposed Projects have strategic partners to support the roll-out and market adoption of the low carbon cleantech solution, following completion of the demonstration Project.

Applications are due by May 31, 2018. Successful co-applicants will be notified by June 30, 2018. Demonstration projects must be completed by March 15, 2019.

For additional information, click here.

SJC Clarifies Statute of Limitations for Contaminated Property Damage Claims but Raises Questions of Application

by Marc J. GoldsteinBeveridge & Diamond PC

Plaintiffs with property damage claims under the Massachusetts cleanup law have more time to bring their claim than might be expected under the three-year statute of limitations according to a recent ruling by the top Massachusetts court.  The Supreme Judicial Court ruled that the statute of limitations begins running when the plaintiff knows that there is damage to the property that is “permanent” and who is responsible for the damage, pointing to the phases of investigation and remediation in Massachusetts’ regulatory scheme as signposts for when a plaintiff should have that knowledge.  Grand Manor Condominium Assoc. v. City of Lowell, 478 Mass. 682 (2018).  However, the Court left considerable uncertainty about when the statute of limitations might begin for arguably more temporary property damages such as lost rent.

In this Google image, the Grand Manor condominium complex is visible at the center-right.

In this case, the City of Lowell owned property that it used first as a quarry and then as a landfill in the 1940s and 50s before selling the property in the 1980s to a developer.  The developer constructed a condominium project on the site and created a condominium association soon thereafter. As part of work to install a new drainage system in 2008, the contractor discovered discolored soil and debris in the ground.  Subsequent sampling indicated that the soil was contaminated and that a release of hazardous materials had occurred.  The condo association  investigated in early 2009, and MassDEP issued notices of responsibility to both the condo association as well as the city in May 2009.  The city assumed responsibility for the cleanup and worked the site through the state regulatory process known as the Massachusetts Contingency Plan (MCP).  In the city’s MCP Phase II and III reports in June 2012, it concluded that the contamination was from the city’s landfill operations, that it would not be feasible to clean up the contamination, and proposed a pavement cap and a deed restriction.

The condo association and many of its members filed suit in October 2012 for response costs under Chapter 21E, § 4 and damage to their property under G.L. c. 21E, § 5(a)(iii).  At trial, the jury awarded the plaintiffs response costs under Section 4 but found that the plaintiffs had failed to prove that their property damage claim was brought within the three-year statute of limitations for such claims under G.L. c. 21E, § 11A.  The Supreme Judicial Court took the case on direct appellate review.

Section 11A provides that an action to recover damage to real property “be commenced within three years after the date that the person seeking recovery first suffers the damage or within three years after the date the person seeking recovery of such damage discovers or reasonably should have discovered that the person against whom the action is being brought is a person liable…”  Quoting Taygeta Corp. v. Varian Assocs., Inc., 436 Mass. 217, 226 (2002), the Court summarized this as a requirement that the claim must be brought within three years of when plaintiff “discovers or reasonably should have discovered [1] the damage, and [2] the cause of the damage.”

The Court quickly agreed that “the damage” referred to in Section 11A was, for these purposes, the property damages of Section 5 and moved on to the plaintiffs’ contention that the limitations period should not run until they discovered or reasonably should have discovered that the damage was “permanent” or, in other words, not reasonably curable.  Until that time, they argued, they could not know if they had a property damage claim because the site could be fully remediated.

The Court examined the application of the statute of limitations in the context of the statutory scheme for investigating and remediating sites in Massachusetts.  The Court found that the primary purpose of Chapter 21E is to clean up environmental contamination and to ensure responsible parties pay for the costs of that cleanup.  As a result, the statute prioritizes “performance and financing of cleanup efforts, and then considers the calculation of property damage that cannot be cured by remediation and remediation cost recovery.”

In interpreting the statute of limitations, the Court crystalized the question as “whether the word ‘damage’ in § 11A(4) refers specifically to damage under § 5, that is, damage that cannot be cured and compensated by the cleanup and cleanup cost recovery processes defined by the MCP and §§ 4 and 4A, such that the limitations period does not begin to run until the plaintiff knows there is residual damage not subject to remediation and compensation.”  In order to have knowledge that a plaintiff has suffered damage that is not curable by the MCP remediation process, the MCP process must have run sufficiently to know that § 5 damages exist – that there is contamination that will not be addressed through remediation leaving the property at a diminished value.  Since the liable party is required to determine the extent of the damage in Phase II and evaluate available remedies in Phase III of the MCP, as the Court noted, “[i]t would make little sense to require the plaintiff to independently determine whether residual property damage exists prior to the completion of these reports.” As a result, the Court concluded that the statute of limitations did not start to run until the plaintiff became aware that the site would not be fully remediated in the Phase II and III reports in June 2012 months before they filed their lawsuit.  Exactly what constitutes full remediation remains to explored in further cases, as the range of outcomes from achieving background conditions, implementing deed restrictions, reaching temporary solutions, or even leaving just a few molecules of contamination left behind could impact this analysis.

The Court contended that this interpretation of the statute of limitations provides a “prescribed and predictable period of time” within which claims would be time barred, given that there are timetables associated with the production and submission of MCP Phase II and III reports.  Under normal circumstances, the Court expected that a plaintiff will know it has a claim within five years of notifying MassDEP of contamination.

Despite the Court’s pronouncement that it had provided predictability for these types of claims, the statute of limitations for non-permanent property damages, such as lost rental value, or for sites where there is a long-term temporary solution in place, remain uncertain.  Lawyers and clients evaluating how and when to bring claims for temporary and permanent damages will need to carefully evaluate a range of potential options in pursuing a preferred single case for property damage without unacceptable risk that an uncertain statute of limitation may have run.

The article was first published at the Beveridge & Diamond website.

Beveridge & Diamond’s Massachusetts office assists parties at all phases of contaminated sites, guiding clients through the MCP investigation and remediation process and prosecuting and defending claims in court for cost recovery and property damage.  For more information about this practice, contact Marc Goldstein or Jeanine Grachuk.

About the Author

Marc Goldstein helps clients resolve environmental and land use disputes and to develop residential, commercial, and industrial projects. He serves as the Managing Principal of Beveridge & Diamond’s Wellesley, Massachusetts office and the Chair of the firm’s Technology Committee.

Marc provides practical, cost-effective advice to clients with environmental contamination issues, whether those clients are cleaning up hazardous materials and seeking contribution from previous owners or adjacent landowners or facing claims under Chapter 21E or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for their alleged role in contamination.

U.S. Environmental Industry generates $388 billion in revenues in 2017

The U.S. environmental industry generated revenues of $388 billion in 2017, up from $370 million in 2016, according to preliminary estimates by Environmental Business International Inc. (EBI), publisher of Environmental Business Journal (EBJ). The environmental industry’s annual growth rate of 4.8% in 2017 represents a steady increase from 3.6% in 2016 and 2.1% in 2015.

Every year, EBJ’s Annual Industry Overview presents estimates and forecasts for 13 business segments, in addition to offering perspective on how the environmental industry is responding to changing macroeconomic conditions and regulatory and policy trends. This year’s summary reviews conditions one year into the Trump Administration.

To purchase EBJ’s Annual Industry Overview and receive statistical summaries of the industry in 13 segments with multiple charts featuring revenues, growth, number of companies, forecasts, growth factors and revenue breakdowns by client, media and function, visit the EBI website.

IATA rolls out DG AutoCheck to enhance safety in dangerous goods transport

The International Air Transport Association (IATA) recently launched Dangerous Goods AutoCheck (DG AutoCheck), a new innovative solution for the air cargo industry, which will enhance safety and improve efficiency in the transport of dangerous goods by air, and support the industry’s goal of a fully digitised supply chain.

“The air transport industry handles over 1.25 million dangerous goods shipments transported every year. With the air cargo growth forecasted at 4.9 percent every year over the next five years, the number is expected to rise significantly. To ensure that the air cargo industry is ready to benefit from this growth, it needs to adopt modern and harmonised standards that will facilitate safe, secure and efficient operations, particularly in relations to carriage of dangerous goods. DG AutoCheck is a significant step towards achieving this goal,” said Nick Careen, senior vice president, airport, passenger, cargo and security, IATA.

FACILITATING ACCEPTANCE CHECKS

DG AutoCheck is a digital solution that allows the air cargo supply chain to check the compliance of the Shipper’s Declaration for Dangerous Goods (DGD) against all relevant rules and regulations contained in the IATA Dangerous Goods Regulations.

The tool enables electronic consignment data to be received directly, which supports the digitisation of the cargo supply chain. Optical Character Recognition (OCR) technology also transforms a paper DGD into electronic data. This data is then processed and verified automatically using the XML data version of the DGR.

DG AutoCheck also facilitates a ground handlers or airline’s decision to accept or reject a shipment during the physical inspection stage, by providing a pictorial representation of the package, with the marking and labelling required for air transport.

“The DGR lists over 3,000 entries for dangerous goods. Each one must comply with the DGR when shipped. The paper DGR consists of 1,100 pages. Manually checking each shipper’s declaration is a complex and time consuming task. Automation with DG AutoCheck offers us a giant step forward. The cargo supply chain will benefit from greater efficiency, streamlined processes and enhanced safety,” said David Brennan, assistant director, cargo safety and standards, IATA.

INDUSTRY COLLABORATION

Collaboration is critical in driving industry transformation, especially for a business with such a complex supply chain. DG AutoCheck is a good example of effective industry partnerships.

An industry working group made up of more than twenty global organisations supported the development of DG AutoCheck. The group comprises airlines, freight forwarders, ground handlers and express integrators, including Air France-KLM CargoSwissportPanalpina and DHL Express.

“The air cargo supply chain is currently undergoing a major digital evolution. Collaboration across the industry is essential if the goal of a digitised electronic end-to-end messaging platform is to be realised. There is no time to lose as there is a growing demand from our customers for efficiency of electronic documentation throughout the supply chain,” said Nick Careen, senior vice president, airport, passenger, cargo and security, IATA.

 

U.S. DOD Rapid Innovation Fund for Innovative Technology in Emergency Response Tools

The United States Department of Defence (U.S. DoD) Rapid Innovation Fund facilitates the rapid insertion of innovative technologies into military systems or programs that meet critical national security needs. DoD seeks mature prototypes for final development, testing, evaluation, and integration. These opportunities are advertised under NAICS codes 541714 and 541715. Awardees may receive up to $3 million in funding and will have up to two years to perform the work. The two phases of source selection are (1) white paper submission and (2) invited proposal submission. The window of opportunity for submitting white papers expires on April 12, 2018 (due by 3:00 PM ET).
Among the numerous R&D opportunities described in the BAA are topics relevant to the development of environmental monitoring and emergency response tools:

  • Handheld automated post-blast explosive analysis device (USDR&E-18-BAA-RIF-RRTO-0001). Handheld automated detection and characterization of explosive residue collected on-scene after an explosion.
  • Handheld networked radiation detection, indication and computation (RADIAC) (DTRA-17-BAA-RIF-0004). A lighter, more compact system for integration into CBBNE situational awareness software architecture of Mobile Field Kit and Tactical Assault Kit.
  • 3-D scene data fusion for rapid radiation mapping/characterization (DTRA-17-BAA-RIF-0005).
  • Immediate decontamination (CBD-18-BAA-RIF-0001). A spray-on decontaminant that can be applied in a single step in ~15 minutes on hardened military equipment.
  • Hyperspectral aerial cueing for chemical, biological, radiological, nuclear and explosive (CBRNE) mobile operations (PACOM-18-BAA-RIF-0001). Real-time detection via drone.
  • Mobile automated object identification and text translation for lab equipment (DTRA-17-BAA-RIF-0003). A tool to help users recognize equipment, chemicals, and potentially hazardous material in real time.

https://www.fbo.gov/spg/ODA/WHS/REF/HQ0034-18-BAA-RIF-0001A/listing.html
[NOTE: This BAA was also issued as HQ0034-18-BAA-RIF-0001B.]

Using GPS trackers to fight toxic soil dumping

As reported by the CBC News and the Montreal Gazette, the Province of Quebec and the City of Montreal are joining forces to try to crack down on a possible link between organized crime and the dumping of contaminated soil on agricultural land.

The solution? A GPS system that can track where toxic soil is — and isn’t — being dumped.

According to the province, there are about two million metric tonnes of contaminated soil to be disposed of every year.

Toxic soil is supposed to be dumped on designated sites at treatment centres. But the Sûreté du Québec has confirmed it believes members of organized crime have been dumping soil from contaminated excavation sites onto farmland.

Quebec Provincial police confirm they are investigating a possible link between organized crime and the dumping of contaminated soil.

“It’s a constant battle. The city and all municipalities have to be very vigilant about any types of possible corruption,” said Montreal Mayor Valérie Plante.

“What we are talking about today supports a solution, but again, we always have to be proactive.”

The new pilot project, called Traces Québec, is set to launch in May. Companies would have to register for the web platform, which can track in real time where soil is being transported — from the time it leaves a contaminated site to the time it’s disposed of.

Some environmentalists say they’re concerned about the impact the toxic soil has had on agricultural land where it’s been dumped. They’re also uncertain about how a computerized tracking system will put an end to corruption and collusion.

“Right now, there’s no environmental police force in Quebec so there have been investigations into these toxic soils being dumped but unfortunately nobody’s been held accountable yet,” said Alex Tyrrell, leader of the Quebec Green Party.

“There’s really a lack of a coherent strategy for how Quebec is going to decontaminate all of these different toxic sites all over the province. There’s no announcement of any new money.”

The city and the province say this is a first step at addressing the issue and more announcements will be on the way in the coming months.

The pilot project — a joint effort with the city of Montreal — will test a system, known as Traces Québec, that uses GPS and other technologies to track contaminated soil. The first test case will involve a city plan to turn a former municipal yard in Outremont into a 1.7-hectare park. Work is to start in the fall.  All bidders on the project will have to agree to use the Traces Québec system.

Using the system, an official cargo document is created that includes the soil’s origin and destination and its level of contamination. Trucks are equipped with GPS chips that allow officials to trace the route from pickup to drop-off.

Mayor Valérie Plante said the pilot project is “a concrete response to a concrete problem.”

She said she wants to protect construction workers and residents by ensuring contaminated soil is disposed of properly. The city also wants to make sure the money it spends on decontamination is going to companies that disposed of soil safely and legally.

“Municipalities have to be very vigilant about any types of possible corruption,” she said. “We know there are cracks in the system and some people have decided to use them and it’s not acceptable.”

Plante said Montreal will study the results of the pilot project before deciding whether to make the system mandatory on all city projects.

The Traces Québec system was developed by Réseau Environnement, a non-profit group that represents 2,700 environmental experts.

Pierre Lacroix, president of the group, said today some scofflaws dispose of contaminated soil illegally at a very low cost by producing false documents and colluding with other companies to circumvent laws.

He said the Traces Québec system was tested on a few construction sites to ensure it is robust and can’t be circumvented. “We will have the truck’s licence plate number, there will be GPS tracking, trucks will be weighed,” Lacroix said.

“If the truck, for example, doesn’t take the agreed-upon route, the software will send an alert and we’ll be able to say, ‘Why did you drive that extra kilometre and why did it take you an extra 15 minutes to reach your destination?’”

Organized crime can be creative in finding new ways to avoid detection and Lacroix admitted “no system is perfect.”

But he noted that “at the moment, it’s anything goes, there are no controls. Technology today can help take big, big, big steps” toward thwarting criminals.

With files from CBC reporter Sudha Krishnan

How the GPS tracking system will work

Contaminated sites could pose issue for Saskatoon’s transit plan

As reported in the Phil Tank in the Saskatoon Star Phoenix, the city of Saskatoon has tested the soil at several locations where transit stations are planned for the bus rapid transit (BRT) system. The results of the tests will not be known until later this month, but Mayor Charlie Clark says contaminated sites, like former gas stations, pose a big issue for Canadian cities.

The testing took place along the proposed BRT red line, which is expected to run on 22nd Street on the west side of the river and on Eighth Street on the east side.

“Brownfields (contaminated sites) along some of these major streets are a real problem,” Clark told reporters Tuesday at city hall. “We have a lot of gas stations that have been abandoned, left there and the owners are just sitting on them and not allowing them to be sold and redeveloped.”

The CP railway crossing on 22nd Street, one of the main routes of the BRT system. (Google Maps)

Clark, who was promoting an event to gather residents’ input on the city’s various growth plans, said he would like to see clearer rules from the province and the federal government on contaminated sites.

The City of Saskatoon has limited tools to force sites to be sold or redeveloped or to compel owners to clean up contamination, he said.

“We frankly don’t think the taxpayers of Saskatoon should have to pay to clean up contaminated sites where somebody was operating a gas station or a fuel distribution site for many years, generating a profit off of it, and then leaving it as a barren and wasted piece of land,” Clark said.

The city’s brownfield renewal strategy is among a number of different planks in its overall growth strategy, which was featured at a community open house in early March.

Brownfield Renewal Strategy

Saskatoon’s Brownfield Renewal Srategy (“BRS”) states that abandoned, vacant, derelict, underutilized properties shouldn’t stop revitalization.  The strategy supports redevelopment of brownfield sites to maximize their potential and revitalize the main transportation corridors within the City.  The goal of the BRS is to create environmental guidance manuals, provide advisory services, and implement incentive programs to encourage brownfield redevelopment.

The City of Saskatoon sees the BRS as requirement for achieving the City’s target of achieving 50% growth through infill.

The BRS will create a suite of tools and programs designed to assist prospective developers and property owners with the environmental requirements associated with impacted and potentially impacted brownfields.

Mayor Clark noted Saskatoon and its surrounding region has been identified as the fastest growing metropolitan area in Canada, with 250,000 additional residents anticipated in the next few decades.

Lesley Anderson, the director of planning and development with the City of Saskatoon, talks renewal strategy